Florida To Execute Man Who Raped And Killed His 10-Year-Old Stepdaughter

Chadwick Banks was convicted of raping and fatally shooting the girl moments after killing her mother.

Chadwick Banks

AP Photo/FDLE

Chadwick Banks is scheduled to be executed in Florida on Thursday at 6 p.m. ET. He was convicted for the 1992 murders of his wife and stepdaughter.

Banks, 43, fatally shot 10-year-old Melody Cooper in the head after raping her moments after he shot and killed her mother, Cassandra Banks. He is serving life in prison for Banks' murder.

This would be the 20th execution under Gov. Rick Scott's first term in office, the Associated Press reported. That's one execution less than during former Gov. Jeb Bush's two terms.

On Nov. 3, the Florida Supreme Court denied Banks' stay of execution request.

Banks' appeal stated that he had received ineffective legal counsel. His attorneys also argued that Florida's three-drug execution protocol was cruel and unusual thereby violating Banks' Eighth Amendment rights.

The lethal drugs would have an intolerable risk of pain and suffering, according to the appeal, which also argued that Banks would not be sufficiently sedated and would be unable to convey his suffering due to the paralytic nature of the drug.

In its ruling, the court said, "We have repeatedly rejected Eighth Amendment challenges to Florida's lethal injection protocol as revised in September 2013. Once we have upheld the constitutionality of a lethal injection protocol, that protocol is facially constitutional as a matter of law."

On Sept. 24, 1992, Banks returned to his house after a night of drinking and playing pool at a neighborhood bar. He shot his wife point-blank while she slept on their bed. He went to his stepdaughter's room and shot her in the head after brutally raping her.

The child was found on her knees, naked from the waist down.

The next day Banks confessed to the murders and told police he had "spanked" and "molested" Melody for 20 minutes. Evidence showed there was blood under Melody's fingernails and on her pillow. She had a bruise and cut on her face. Banks had also sodomized the girl.

from BuzzFeed - Breaking http://ift.tt/1tMUtI4